If an alien becomes blind or disabled (at any age) after lawful admission to the U.S. as a permanent resident, sponsor-to-alien deeming stops effective with the month the alien's disability or blindness begins.

1. Certain Aliens Who are Permanently Residing in the U.S. Under Color of Law

Aliens who are permanently residing in the U.S. under color of law (PRUCOL) are not subject to sponsor- to-alien deeming. (SeeSI 00501.420 and SI 00501.425 for PRUCOL information.)

For example, many aliens legalized under the Immigration Reform and Control Act (IRCA) are not permanent residents and, therefore, are not subject to sponsor-to-alien deeming. However, they may become subject to deeming if they become LAPR. See exceptions in SI 01320.5002.

Aliens admitted to the U.S. under one of the statuses below are never required to have a sponsor. Therefore, sponsor-to-alien deeming does not apply to the following:

Aliens granted LAPR status under section 249 of the INA. These aliens are sometimes called “registry” applicants (see SI 00501.440B.6.). The admission code on Form I-151 or I-551 (Alien Registration Receipt Cards) for aliens in this category is Z03, Z33, or Z66.

Applicants for permanent residence who are Amerasians or relatives of Amerasians and the admission codes are described below:

Description

I-551Code

An Amerasian born in Vietnam between January 1, 1962 and January 1, 1976;

AM-1 or AM-6

The spouse or child of an Amerasian as above;

AM-2 or AM-7

The mother of an unmarried Amerasian, her spouse and/or child;

AM-3 or AM-8

A person who has acted as the parent of an Amerasian and his/her spouse and /or child.

AM-3 or AM-8

NOTE: Amerasians with admission codes other than those shown above are subject to sponsor-to-alien deeming.

Applicants for adjustment under the Cuban/Haitian provisions of section 202 of IRCA (see SI 00501.440 C.2.). Aliens seeking adjustment under this provision would have an I-94 coded CH6.

If the alien's sponsor is the alien's ineligible spouse or parent living in the same household as the alien, sponsor-to-alien deeming does not apply. Instead, the regular spouse-to-spouse or parent-to-child deeming rules apply.

In any month the alien is not subject to deeming from the ineligible spouse or parent (e.g., the alien and sponsor/spouse live in separate households), the sponsor-to-alien deeming rules apply.

An alien whose admission as a permanent resident is based on a guarantee of employment from an employer who does not sign an affidavit of support is not subject to sponsor-to-alien deeming from the employer.

If the alien whose employment is guaranteed is sponsored by a different individual who signs an affidavit of support, sponsor-to-alien deeming applies from the latter individual.

If there is no evidence that an affidavit of support (or similar document) was filed with the DHS in connection with the alien's application for permanent residence, sponsor-to-alien deeming does not apply.

If sponsor-to-alien deeming does not apply because of the alien's status (e.g., a refugee under section 207(c)(1) of the INA), copy or certify the alien's documentation of status for the file.

2. Aliens Excluded from Deeming Because Blind or Disabled After Admission

Initial Claims

If an alien alleges a date of onset of blindness or disability after his /her date of admission as a permanent resident, pursue a disability determination unless the alien will be denied for a non-medical reason. (See SI 01320.910B. and SI 01320.910C. for aliens excluded from sponsor-to-alien deeming.)

Follow the instructions in DI 11055.130 for annotating the Form SSA-831-U3 (Disability Determination and Transmittal).

Alien is Over Age 65

If payment is possible using the sponsor-to-alien deeming rules and the individual is aged, adjudicate the application as an aged claim and obtain the disability decision postadjudicatively.

Alien Under Age 65

If payment is possible using the sponsor-to-alien deeming rules and the individual alleges blindness or disability, classify the claim as “blind” or “disabled” and hold the case for a final disability decision.

If the requirements for presumptive disability payments are met, initiate the presumptive payments and then hold the case for the final disability decision. Do not deem income or resources from the sponsor for the months of presumptive disability payments.

Alien is Ineligible Unless Blindness/Disability Onset is After Date of Admission for Permanent Residence

Classify the claim as “blind” or “disabled” (regardless of the age of the alien) and defer development of the claim until you receive a medical decision.

If the alien is found to be blind/disabled with an onset date later than the date the alien is admitted for lawful permanent residence and sponsor-to-alien deeming is on the record, remove the deemed income beginning with the later of:

the month of effective filing; or

the month of onset.

Posteligibility Situations

If an alien alleges blindness or disability after being found eligible as an aged alien subject to sponsor-to-alien deeming, do not obtain a new application. Develop the blindness/disability issue and submit the development to the Disability Determination Services (DDS).

If the DDS establishes a date of onset after the date the alien is admitted for lawful permanent residence, use DDS's written determination to document the exclusion from sponsor-to- alien deeming. Remove any deemed income beginning with the later of:

the month of effective filing; or

the month of onset.

3. Aliens Excluded from Deeming Due to Filing for SSI Prior to 10/1/80

Document this exclusion with some record of the prior claim, e.g., a prior supplemental security income record, a copy of the prior application, a copy of the alien's award or denial notice, or a microfiche.

Verify the death of the sponsor. If necessary, contact DHS to attempt to obtain proof of death if the alien does not have, or cannot obtain, the proof. See GN 00304.001 ff. for proof of death requirements.

If the alien alleges that he/she is not sponsored, verify this with DHS unless one of the exclusions in 1 - 7 above applies. (See SI 01320.915 D for an exception for special agricultural workers (SAW)/IRCA aliens.)